Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
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Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA1 Finds Petitioner Failed to Satisfy Prejudice Requirement for Ineffective Assistance of Counsel Claim
The court upheld the BIA’s denial of petitioner’s motion to reopen his 2012 removal order, finding that the petitioner failed to show sufficient prejudice resulting from the alleged ineffective assistance of counsel upon which he based his motion to reopen. (Franco-Ardon v. Barr, 4/26/19)
AILA and Partners Submit Amicus Brief on Destruction of Records and Legislative Decriminalization
AILA and other advocates submitted an amicus brief to the Third Circuit in Khan v. Barr urging that the petition for review be granted, arguing that after an offense is decriminalized, the conviction should not continue to have immigration consequences.
AILA Submits Comments on DOJ’s ANPRM on Limited Representation Before EOIR
AILA submitted comments in response to DOJ’s advance notice of proposed rulemaking (ANPRM) on potential amendments to EOIR regulations governing the rules of practice and the scope of appearance and representation before the immigration courts and the BIA.
CA5 Finds BIA's Retroactive Application of Matter of Diaz-Lizarraga Violates Due Process
The court found that the BIA erred in applying the definition of crimes involving moral turpitude (CIMTs) announced in 2016 in Matter of Diaz-Lizarraga to the petitioner's 2007 conviction for attempted theft. (Monteon-Camargo v. Barr, 3/14/19, amended 4/26/19)
CA3 Grants Motion to Reopen Where BIA Ignored Petitioner’s Evidence of Materially Changed Country Conditions
The court vacated the BIA’s order denying the motion to reopen and remanded, holding that the BIA abused its discretion when it failed to meaningfully consider evidence and arguments presented by the Christian Indonesian petitioner and to explain its conclusions. (Liem v. Att'y Gen., 4/19/19)
CA2 Says Outspoken Critic of ICE May Challenge Imminent Deportation Through Writ of Habeas Corpus
The court held that the appellant stated a cognizable constitutional claim, and that although Congress intended to strip all courts of jurisdiction over his claim, the Suspension Clause requires that he can bring his challenge through the writ of habeas corpus. (Ragbir v. Homan, 4/25/19)
BIA Orders New Hearing Due to Issues with Interpreter
Unpublished BIA decision remands for new hearing because IJ had to repeatedly admonish interpreter for providing incorrect responses to questions and one such error occurred during a crucial question. Special thanks to IRAC. (Matter of Flores-Arvayo, 4/25/19)
BIA Holds Connecticut Theft Statute Not an Aggravated Felony
Unpublished BIA decision holds that Conn. Gen. Stat. 53a-119 is not an aggravated felony theft offense in light of Second Circuit statement that prior contrary case law is not controlling. Special thanks to IRAC. (Matter of Luna, 4/24/19)
BIA Finds Conviction for Grand Larceny in the Second Degree in New York Does Not Render Petitioner Removable
Unpublished BIA decision holds that DHS did not meet its burden of establishing that a conviction for grand larceny in the second degree under New York law rendered the respondent removable under INA §237(a)(2)(A)(iii). Courtesy of Michael Goldman. (Matter of Reyes, 4/24/19)
CA7 Grants Asylum to Mexican Man Persecuted After Refusing to Allow Cartel Leader to “Possess” His Wife
The court found that the record compelled a finding that the torture and persecution the petitioner had suffered in the past and feared in the future were and would be because of his membership in the particular social group of his wife’s family. (Gonzalez Ruano v. Barr, 4/24/19)
CA9 Says Third-Degree Robbery in Oregon Is an Aggravated Felony (Withdrawn)
The court held that petitioner’s conviction for third-degree robbery under Oregon Revised Statutes §164.395 was a categorical theft offense, and thus found he was removable for an aggravated felony theft offense under INA §101(a)(43)(G). (Lopez-Aguilar v. Barr, 4/23/19, withdrawn 8/29/19)
ABA Sends Letter to Attorney General Urging Reconsideration of Matter of M-S-
The American Bar Association (ABA) sent a letter to Attorney General William P. Barr urging him to reconsider Matter of M-S-, stating that it “will result in an increase in length and unnecessary detention of vulnerable asylum seekers at significant cost to the government.”
CA2 Upholds Asylum Denial to Petitioner Convicted of First-Degree Assault in Connecticut
The court held that the petitioner’s conviction for first-degree assault in Connecticut was an aggravated felony, and that the invalidation of 18 USC §16(b) in Sessions v. Dimaya did not necessitate a remand to the BIA for consideration of this issue. (Banegas Gomez v. Barr, 4/23/19)
CA5 Says 30-Day Filing Deadline in INA §242(b)(1) Applies to the Savings Provision in INA §242(a)(2)(D)
The court held it lacked jurisdiction under INA §242(a)(2)(D)’s savings provision to consider petitioner’s collateral attack on her reinstated in absentia removal order, because a petition for review of the underlying removal order was not filed within 30 days. (Luna-Garcia v. Barr, 4/22/19)
DOS Final Rule on Discontinuance of Visa Grants Pursuant to INA §243(d)
DOS final rule setting out the procedures that consular officers in a country subject to sanctions under INA §243(d) for refusal to accept one or more of its nationals ordered removed from the U.S. must follow to discontinue granting certain visas to nationals of that country. (84 FR 16610, 4/22/19)
BIA Holds New York Theft of Services Not a CIMT
Unpublished BIA decision holds theft of services under N.Y.P.L. 165.15(3) is not a CIMT because it does not require intent to deprive an owner of property and lacks a sufficiently reprehensible and depraved fraudulent intent component. Special thanks to IRAC. (Matter of Gil Cabral, 4/22/19)
BIA Holds Vacated Plea No Longer Valid for Immigration Purposes
Unpublished BIA decision holds that guilty plea vacated because criminal attorney did not advise respondent of adverse immigration consequences is no longer a conviction for immigration purposes. Special thanks to IRAC. (Matter of Isaac Napoles, 4/22/19)
Former IJ Jeffrey Chase Discusses a Better Approach to “Unable or Unwilling” Analysis
Former Immigration Judge Jeffrey Chase discussed the Sixth Circuit decision in K.H. v. Barr and the insurmountable hurdle for K.H. to establish that the government of Guatemala was unable or unwilling to control the gang members who had persecuted her.
Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal
AILA’s Asylum and Refugee Committee provided this practice pointer with tips to help ensure proper completion of Form I-589, Application for Asylum and Withholding of Removal.
CA3 Says That Disparate Treatment in INA §309 Is Rationally Related to Legitimate Government Interests
The court denied the petition for review, holding that INA §309, which treats adopted and biological children differently for automatic derivative citizenship purposes, is rationally related to advancing legitimate government interests. (Cabrera v. Att'y Gen., 4/19/19)
USCIS Issues Policy Alert on Controlled Substance-Related Activity and Good Moral Character Determinations
USCIS issued guidance to clarify that violation of federal controlled substance law, including for marijuana, remains a conditional bar to establishing good moral character for naturalization even where that conduct would not be a state law offense. Effective 4/19/19. Comment period ends 5/2/19.
BIA Reverses Denial of Adjustment Based on Lack of Good Moral Character and Marital Bona Fides
Unpublished BIA decision holds that IJ erroneously denied adjustment based on lack of good moral character and bona fides of marriage because former is not a statutory requirement and latter was demonstrated by approval of Form I-130. Special thanks to IRAC. (Matter of Mosli, 4/19/19)
BIA Holds That Canada Fraud Statute Is Not a CIMT
Unpublished BIA decision affirms that categorical approach applies to foreign convictions and holds that fraud under section 380(b)(1) of the Criminal Code of Canada is not a CIMT. Special thanks to IRAC. (Matter of Omer, 4/18/19)
CA11 Upholds Asylum Denial to Salvadoran Who Received Gang Threats, over Dissent
In an unpublished decision, the court rejected the petitioner’s claim that the Atlanta Immigration Court (AIC) had denied her equal protection rights. The dissent noted that the petitioner’s statistics regarding the AIC merited further inquiry by the BIA. (Diaz-Rivas v. Att’y Gen., 4/18/19)
BIA Affirms IJ’s Decision to Terminate Removal, Finding Fraud Conviction Not a CIMT
In an unpublished BIA decision, the BIA affirmed the Immigration Judge’s decision to terminate removal proceedings, finding that the crime of fraud under $5,000, in violation of section 380(1)(b) of the Criminal Code of Canada is not a CIMT. Courtesy of Richard Hanus.